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外贸函电9.申诉与索赔  

2008-12-07 15:12:23|  分类: 外贸英语学习笔记 |  标签: |举报 |字号 订阅

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申诉错发货物(Complaint of wrong goods delivered)

Dear Sirs,

Our Order No.145

We duly received the documents and took delivery of the goods on arrival of the S/S “Lucky”at Shanghai.We are much obliged to you for the prompt execution of this order.Everything appears to be correct and in good condition except in case No.1-92

Unfortunately when we opened this case we found it contained completely different articles,and we can only presume that a mistake was made and the contents of this case were for another order.

As we need the articles we ordered to complete deliveries to our own customers,we must ask you to arrange for the dispatch of replacements at once.We attach a list of the contents of case No.1-92,and shall be glad if you will check this with our order and the copy of your invoice.

In the meantime(同时),we are holding the above-mentioned case at your disposal(可自行支配).Please let us know what you wish us to do with it.

Yours faithfully,

 

(Reply):

Dear Sirs,

Your Order No.145 per s/s “Lucky”

Thank you for your letter of ….We were glad to know that the consignment was delivered promptly,but it was with great regret that we heard case No.1-92 did not contain the goods you ordered.

On going into the matter we find that a mistake was indeed made in packing,through a confusion of number,and we have arranged for the right goods to be dispatched to you at once.Relative documents will be mailed as soon as they are ready.

We will appreciate it if you will keep case No.1-92 and contents until called for by the local agents of World Transport Ltd.,our forwarding agents,whom we have instructed accordingly.Please accept our many apologies for the trouble caused to you by the error.

Yours faithfully,

 

申诉迟交货物(Complaint for late delivery)

Dear Sirs,

Our Order No.764

We are referring to our Order No.764 for Hand Tools.When we gave you our order on June 1st we stated explicitly that we wanted delivery not later than 15th July and you have confirmed our order accordingly.

Since the date you confirmed our order,one month has passed but we are surprised that we have not yet received the goods or any advice from you when we can expect delivery.

We must point out to you that this delay is very seriously inconveniencing us,and we ask you to give the reason of the non-execution,of our order.As in the event of(万一) your being unable to supply us we shall be compelled to cancel the order and get these goods from another firm.

Yours faithfully,

 

(Reply)

Dear Sirs,

Your Order No.764

We have received your letter of July 15 and very much regret the delay which has occurred in the execution of your Order No.764.This was occasioned by a serious breakdown in our supplier’s machinery,in consequence of(由于…缘故) which all their work was brought to a standstill(直到停顿) for several days.The damage,however,has been repaired,and we can assure you we will lose no time (赶紧做某事)in the prompt delivery of the goods.

You may expect to receive the goods by the 25th.We regret the inconvenience you have sustained,but trust this unavoidable accident will not influence you unfavorably in future(今后) orders.

Yours faithfully,

 

 

对质量低劣提出的申诉(Complaint for inferior quality)

Gentlement:

We have received the goods of our Order No.A100 for 200 cases Muslins (平纹细布),which you shipped by the S.S.“FengQing”,but much to our regret(非常遗憾) we have to inform you that we have received serious complaints from our buyer.He states that the goods are not only much inferior in quality(质量差很多),but a number of pieces are woven narrowly to the pattern submitted by you.These faults make the goods quite unsalable in this market.

We are,however,making efforts to settle the matter amicably(努力友好地解决问题),but in case our buyer persists in(坚持) making complaint,there is no way for us but(除了…我们没有办法) put the matter before the Chamber of Commerce(商会) of Singapore for arbitration,and any allowance that we may have to make will be debited to you in due course(到一定的时候).We hope the matter will come to your best attention(引起贵方高度重视).

Yours truly,

 

 

对质量低劣提出的索赔(Claim for inferior quality)

Dear Sirs,

Re:Claim for 10,000 pcs of Valves(阀门)

We are enriching a copy of the Inspection Certificate No.(98)204 issued by the Shanghai Commodity Inspection Bureau(上海商检局).The certificate proved that the above goods we received on May 5 are much inferior in quality to your previous samples(比上次取样的样品在质量上差很多).

As this lot of goods is of no use at all to us(对我方毫无用处),we require you refund the invoice amount and inspection fee of the goods amounting to(共计) US…

We trust you will promptly settle this claim.As soon as the settlement is accomplished,we will send the goods back to you.All the expenses will be for your account.

Yours faithfully,

End.as stated

 

(Favorable Replies)

A.     Dear Sirs,

Your Claim on 10,000 pcs of Valves we have received your fax of May 10,with enclosure,claiming for inferior quality on the consignment of 10,000 pieces of valves.

In order to settle the claim,we will immediately send a representative to investigate this matter.If our party was at fault(有责任),the compensation will be made at once.

We apologize for(为…道歉) the trouble caused to you and assure you that we will give you a satisfactory answer.

Yours faithfully,

 

B.     Dear Sirs,

Your Claim for 10,000 pcs of Valves

Further to(又及) our fax of May 16, we are writing to tell you that our representative has looked into the matter and found that it was a mistake by our staff at the warehouse.We are,therefore,going to settle the claim.

But our proposal of settlement is that we will immediately send to you replacements of which the quality is guaranteed.As to the valves you received,we will be highly appreciate it if you will try to sell for us in your market at our quoted price,i.e.US$...per piece including your…% commission.If you agree with our proposal ,please inform us by fax.

We feel greatly regretful for the inconvenience you have sustained and would like to assure you that all possible steps will be taken to avoid such mistakes happening again(我方将采取所有的措施来避免此类事件的发生).

Yours faithfully,

 

Dear Sirs,

Our Order NO.A105

We have duely received the goods of our Order No.A105 for Cotton Jacquard Bath Towels.But we are regret to say that the goods we received are not up to our standard(不合标准) and they are quite unsalable in this market.

Needless to say,we have suffered a great loss(大量流失) and the inferior quality of the lot put us into great trouble(使我们陷于困境),for our end users refused to accept these goods and they are going to seek for(寻求) other resources.

Under these circumstances,we have to make a claim with you as follows:

Claim Number                     Claim for                Amount

CM-90113                         Quality                   US$2,152.00

We feel sure that you will give our claim your most favorable consideration(特别的关照) and let us have your settlement at an early date.

Yours faithfully,

 

(An Unfavorable Reply)

Dear Sirs,

Your Claim on Order No.A105

With reference to your claim on Order No.A105 for inferior quality.We have looked into this matter in details(仔细调查了这件事情) and so far as we have found that there is no ground for such a claim to be lodged against us.If you can examine the goods with great care(小心翼翼地) with the sample you will find they are of the exactly same quality(质量完全相同).Since the goods are manufactured according to your supplied sample and all your requirements are complied with ,we assume no responsibility(我方不承担任何的责任)whatsoever if you know find them unsuitable for sale in your market.

Aw we are in no way liable for the quality of the goods,we regret being unable to entertain your claim.

We hope our explanation will convince you to withdraw your claim and hope this matter will have no harmful effect on(对…没有坏影响) the dealings between us in future.

Yours faithfully,

 

 

对不良包装提出的索赔(Claim for improper packing )

Dear Sirs,

Our Order No.C426

We received this morning the 20 cartons of Wool Carpet(羊毛毯) under our Order No. Co426 per s.s.CHANGFU.We found that one side of 8 cartons were worn and torn(磨损破裂) and 4 cartons were broken and the carpets were in the open(暴露在外).It was obviously attributed to improper packing.

Thoough the carpets can be used ,we have to sell them at a price much lower than usual(以低于正常价格很多的价格).In view of the above we suggest you give us 20% of discount on the invoice value or we will return the goods to you and ask for replacements.

Please let us know your decision as soon as possible.

Yours faithfully,

 

(Reply)Suggesting a claim to the shipping company

Dear Sirs,

Your Claim on Order No.O0426

We regret to learn from your letter of September 8 that your Order No.CA26 of 20 cartons of Wool Carpet arrived in poor condition.

If we were at fault we would be responsible to agree to your proposal.But in view of the fact that our goods were carefully packed by experienced workman and sent out in perfect condition(在理想状态) as shown by a copy of the clean B/L which we enclose herewith.We are certain they were damaged through careless handling while in transit(运送中的).

We therefore suggest you had better enter a claim immediately against the Shipping Company.If you will send us the papers which show exactly the condition the goods reached you,we will take up the matter for you with the view of(目的在于…) recovering damages from(从…收回损失) the Shipping Company.We are awaiting your reply.

Yours faithfully,

 

 

短重引起的索赔(Claim for short weight)

Dear Sirs,

Re:Our Order No.234 from 10M/T Chemical Fertilizer(化肥)

We have just received the Survey Report from Shanghai Commodity Inspection Bureau evidencing that the captioned goods unloaded here yesterday was short weight 1120kg.A through examination showed that the short weight was due to the improper packing,for which the suppliers should be definitely responsible.

On the basis of the SCIB’s Survey Report,we hereby register a claim with you for Stg.£270.00 in all(共计).

We are enclosing the Survey Report No.(98)607 and look forward to settlement at an early date.

Yours faithfully,

 

(Reply)

Settlement of the claim

Dear Sirs,

Your claim No.145

With reference to your claim No.145 for a short weight of 1120kg. Chemical Fertilizer,we wish to express our much regret over the unfortunate incident.

After a check-up by our staff,it was found that some 28 bags had not been packed in 5-ply strong paper bags (5层耐用的纸袋包装)as stipulated in the contact,thus resulting in(导致)the breakage during transit,for which we tender our apologies.

In view of our long-standing business relations,we will make payment by cheque for Stg. £270.00

The amount of claim,into your account with the Bank of China,upon receipt of your agreement.We trust that the arrangement we have made will satisfy you and look forward to receiving your further orders.

Yours faithfully,

 

****************************************************************************************************************************************

----签定合同的双方,有一方违反合同的规定,给另一方造成损失,损失的一方根据合同或当选向违约方提出赔偿损失的要求叫索赔。一般分三种情况:货物买卖索赔,运输索赔,保险索赔。

----违约方对遭受损失的一方所提出的索赔进行处理的行为叫理赔。

----索赔是在当购买方受到某种较大损失时未获得赔偿向卖方提出来的。此损失有可能是由货物没有送达,推迟交货,短装短量,质量低劣,不良包装,违约等原因而造成的损失。当然,卖方也可能因为买方因开信用证或违约的情况下向买方提出索赔。

----索赔或理赔应该根据事实和有关证明分清责任,向卖方,轮船公司或保险公司提出索赔,理赔时,该赔的则赔,不该赔不赔,双方都要严肃谨慎,力争友好解决,尽可能避免提交仲裁或诉之于国际法庭。

----提出索赔时要有理有据,首先要表明提出索赔的原因,陈述清楚损失的程度,然后提出要求对方索赔损失的方法,如重新发货,补发货物,赔偿金额。在索赔时还应附上货到目的港后由当地商检机构出具的商品检验证明书作为索赔的依据。另外,索赔一定要在合同规定的期限内提出。

 

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